The rules on archiving remain unchanged. The obligation mainly creates an opportunity to optimise archiving. It is therefore advisable to think about your archiving policy.
How long should I keep my invoices?
There is no difference compared to paper invoices.
For the FPS Finance, you must keep all invoices and copies of invoices for ten years as from 1 January of the year following their date of issue.
If I receive both paper and electronic invoices, is it possible to archive everything in the same format?
Yes, it is. As a business, you'll save more money if you save all your invoices electronically, both incoming invoices and copies of outgoing invoices. You can easily scan paper invoices in a format which complies with the rules in force.
Can I archive an electronic invoice on paper?
From a strictly legal point of view, yes, although this is obviously not advisable, given that many of the advantages of electronic invoicing are lost in the process.
Can an electronic invoice be archived in paper format?
Yes, it can.
Can a paper invoice be archived electronically?
Yes, it can.
Is archiving via cloud computing authorised?
Yes, if you meet the legal requirements.
How do I keep my electronic invoices?
You can keep invoices on paper or electronically, regardless of the original format. How you keep them must however guarantee the authenticity of the origin and the integrity of the content of these invoices. This means that you must avoid any possible change brought to these invoices. Besides, you must guarantee that invoices will not be altered from the moment they are issued or received till the period during which you should keep them is expired.
The form or format of invoices can be changed, but only when their authenticity and integrity remain guaranteed. You are free to choose how to provide these guarantees.
How can the legibility, authenticity and integrity of electronic invoices be guaranteed, given the rapid obsolescence of IT solutions?
As business practices may evolve during the period during which these three conditions must be guaranteed - as from the issue of the invoice to the expiry of the period during which they should be kept - the way in which the person liable to tax meets these conditions may also evolve.
If the person liable to tax chooses to keep their invoices in a form or format other than the original form or format, they must ensure that they comply with the requirements relating to authenticity of origin, integrity of content and legibility of the invoice. The person liable to tax chooses themselves how they wish to fulfil this obligation.
Is the choice of invoice archiving method subject to prior approval by the FPS Finance?
No, you do not need prior approval from the FPS Finance on this. Nor will it decide on the choice or approval of a specific archiving system.
Where should I keep my invoices?
For VAT purposes, you are free to choose where you keep your invoices, provided that you are able to send them to the FPS Finance without delay whenever requested. However, a person liable to tax established in Belgium must keep their invoices in Belgium, unless they keep them electronically and guarantee full online access to these invoices in Belgium.
This is also the case if the tax on these transactions is due in Belgium, regardless of where the person liable to tax is established.
Can I use the services of a trusted third party (service provider) for my archiving?
Yes, you can.
What should I do if the third party (e.g. in the case of centralised archiving within a group) is unable to comply with the legal obligations set out in Belgian legislation on archiving?
If the third party is unable to meet your legal obligations (e.g. regarding the length of time archives must be kept), it is up to you to find an alternative solution or another service provider.
What will be the consequences of a computer problem? How can I protect myself?
The consequences are the same as for the destruction of paper archives (for example in the event of fire). A back-up is therefore required (a simple backup copy, for example).
To obtain a VAT deduction, the FPS Finance considers that it is up to the person liable to tax to demonstrate an invoice is an original document. What are the risks of non-compliance?
As with paper invoices, the FPS Finance may refuse the right to deduct VAT if it cannot be proved that the guarantees of authenticity and integrity have been met. Besides, an administrative fine may be imposed on both the client and the supplier/service provider.
What are my obligations in the event of a tax audit?
When a person liable to tax keeps invoices and copies of invoices in an electronic format that guarantees online access, the FPS Finance has the right to access, download and use them.
Besides, the FPS Finance may also ask the person liable to tax:
- to provide the data recorded on computer media in a legible and intelligible form;
- to make copies, in the presence of its agents and on their equipment, of all or part of the data in any format they wish;
- to carry out any computer processing deemed necessary to check the correct collection of the tax.
